Wrapping Up the H-2B Season: Employer Compliance Checklist

As the H-2B season comes to a close, employers should take this time to finalize their program obligations and ensure compliance with Department of Labor (DOL) and Department of Homeland Security (DHS) requirements. Proper documentation and planning at the end of the season can help prevent costly errors and maintain eligibility for future participation in the program.

Below is a practical checklist to help guide employers through the close of the H-2B program year.

Worker Contact Information

Before your team departs, confirm that you have accurate and complete contact details for each worker, including:

• Email address

• Phone number and WhatsApp contact

• Mailing address in the home country (for W-2 delivery)

• A secondary contact person, such as a family member or trusted friend abroad

Keeping this information current helps ensure that end-of-year tax documents and other communications reach workers after they return home.

Early Departures

Please notify our office if any of your workers depart before the close of the contract period. Employers are required to notify both USCIS and the Department of Labor (DOL) of any early termination, abandonment, or voluntary departure within two business days of the worker’s last day of employment.

Timely notification is critical to maintaining program compliance and protecting your business from potential penalties or ineligibility for future certifications.

Departure Compliance

All H-2B workers must depart the United States by the date listed on their Form I-94 record. Employers should confirm travel arrangements in advance and retain proof of each worker’s timely departure. Ensuring workers leave on schedule is a key component of maintaining compliance with the terms of your temporary labor certification.

Return Transportation

As a reminder employers are responsible for paying return transportation to each worker's home country at the end of the season. You can either book on behalf of the workers or reimburse after the workers have booked on their own. Often it is more economical to book travel for them and easier to record in your audit file.

Document Retention

Employers are required to maintain accurate and complete records for each H-2B employee. Be sure to keep legible copies of:

• Social Security card

• Visa

• Passport (photo and visa pages)

• I-94 record

These documents should be retained with your program files for at least three years, along with payroll and recruitment documentation, in case of a DOL audit or compliance review.

Daily Subsistence Requirement

When providing return transportation, employers must also include daily subsistence for each worker. The current DOL-approved rates range from $16.28 to $68.00 per day, depending on the travel duration and route. This allowance covers basic meals and incidental expenses incurred during the return trip.

Final Payroll and Records

All final paychecks should be issued before workers depart. Employers must also ensure that all wages are properly documented and records retained for compliance purposes.Once available, send each worker their Form W-2 to the mailing address provided in their home country.

Staying Compliant and Prepared

Taking time now to finalize payroll, verify departures, and complete recordkeeping will help protect your business in the event of a DOL audit and set the stage for a smooth transition into the next H-2B filing cycle.

If you have questions about end-of-season compliance, early departure reporting, or return transportation, our office is here to help.

Contact Kirchner Law PLLC for guidance on maintaining compliance and preparing for the upcoming H-2B season.